DUI with Injury / Vehicle Code 23153 2017-05-24T15:41:27+00:00

Experienced DUI Defense Attorneys in Los Angeles

DUI with Injury Charges

According to Vehicle Code § 23153:

“(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. . . . (e) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. ”

Just because you are arrested for DUI with injury, or any crime for that matter, means you will be found guilty.  You have the right to a legal defense, and the Los Angeles DUI attorneys at Moaddel Law Firm can work to uphold those rights at every turn.  We have a long track-record of highly satisfied clients who were in the same position you find yourself right now.  So call us and let us be your voice and protect your future.

Our Job is to Challenge the Prosecution

To convict you under this section, the prosecutor must prove that: 1) you violated a DUI law; 2) you broke another law or were otherwise negligent while driving; and 3) injured another person. A DUI causing injury can be based on VC § 23152(a) driving under the influence, VC § 23152(b) driving with a BAC of 0.08% or higher, or driving under the influence of drugs.

VC §23153 can be charged as either a misdemeanor or a felony, depending on the facts of the case and your prior record. However, a third DUI with injury is an automatic felony.[1] Misdemeanor charges can result in three to five years of informal probation, five days to one year in county jail, fines, DUI school, one to three years of driver’s license suspension, and restitution to the injured parties.[2]

Felony charges can result in two to four years in state prison, three to six years in state prison in any victim suffers great bodily injury (to be served consecutively), one year for each additional person that suffers any injury (to be served consecutively, up to three years), a “strike” under the Three Strikes law if anyone (besides you) suffers great bodily injuries, increased fines, DUI school, three years of Habitual Traffic Offender Status, and five years revocation of driver’s license.[3]

Why do I need a Los Angeles DUI defense attorney?

In addition to the defenses for non-injury DUI offenses, a skilled attorney will evaluate whether you were at fault for the accident. Your attorney will examine whether another driver or pedestrian was at fault, the weather or poor road conditions were to blame, or a mechanical failure caused the accident.

Additionally, in some cases, prosecutors can charge much more serious crimes, such as vehicular manslaughter while intoxicated[4] or hit and run involving injury or death.[5] If you are at risk for such charges, you must hire an attorney as soon as possible. An experienced attorney can contact the prosecutor before he files the case against you and attempt to minimize the charges against you before they are filed. This is the most important step in avoiding serious criminal charges.

Ready to begin your legal defense?  Give Moaddel Law Firm a call right away.  The sooner you call us, the more time we will have to build you a strong challenge to your accusations.

Call us today at (877) 375-8188!

 

[1] Vehicle Code § 23566.

[2] Vehicle Code § 23556.

[3] Vehicle Code § 23566.

[4] Penal Code § 191.5.

[5] Vehicle Code § 20001.